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19 Jan 2018, 2:02 pm by Eugene Volokh
My coblogger Will Baude, it turns out, has the same view as to the First Amendment matter (I can't speak to his policy views on unionism). [read post]
19 Jan 2018, 3:39 am by Orin Kerr
My friend and co-blogger Will Baude argued recently that his Positive Law test of the Fourth Amendment is an originalist approach. [read post]
12 Jan 2018, 2:48 pm by Will Baude
Baude and Stern expressly reject the trespass-property view of the Fourth Amendment (see pages 1834-36 of their article). [read post]
12 Jan 2018, 1:20 pm by Orin Kerr
Baude and Stern expressly reject the trespass-property view of the Fourth Amendment (see pages 1834-36 of their article). [read post]
28 Dec 2017, 5:33 am by Will Baude
Walsh Essays Congressional Insiders and OutsidersAmy Coney Barrett Originalism as a Constraint on JudgesWilliam Baude Scalia in the CasebooksBrian T. [read post]
22 Dec 2017, 4:00 am by Sarah Sutherland
Baud and Maxime St-Hilaire ‘Top 10 Employment Law Cases of 2016’ – Paquette v. [read post]
10 Dec 2017, 6:29 am by SHG
” In response to Will Baude’s twit about Heidi Bond’s post, Georgetown lawprof Marty Lederman calls Judge Kozinski a “monster. [read post]
30 Nov 2017, 4:21 pm by CrimProf BlogEditor
Will Baude has this post at The Volokh Conspiracy, excerpting and analyzing the transcript after this introduction: Justice Neil Gorsuch seems to have surprised and concerned some observers during yesterday’s oral arguments in Carpenter v. [read post]
30 Nov 2017, 3:18 pm by Brian Leiter
Articles by Matt Tokson (Utah), Will Baude (Chicago), and James Stern (William & Mary) were influencing the Justices yesterday when Carpenter was argued at SCOTUS;... [read post]
30 Nov 2017, 1:11 pm
"Thoughts on property and positive law after the Carpenter oral argument": Will Baude has this post at "The Volokh Conspiracy. [read post]
27 Nov 2017, 7:00 pm by CrimProf BlogEditor
In part: Baude’s and Stern’s particularly severe version of the positive law model would create some startling results. [read post]
22 Nov 2017, 10:06 am by Orin Kerr
§ 222(a), that Baude suggests may create Fourth Amendment rights in cell-site records. [read post]
22 Nov 2017, 4:03 am by Edith Roberts
At the Washington Post’s Volokh Conspiracy blog, Will Baude explains why “the positive law model” of the Fourth Amendment, under which “it is a search for the government to gather information in a way that a similarly situated private party would not be allowed to do,” provides “an alternative theory” for evaluating Carpenter “that may avoid a lot of line-drawing problems. [read post]
21 Nov 2017, 5:04 pm by CrimProf BlogEditor
Will Baude has this interesting post at The Volokh Conspiracy, applying the theory he and James Stern offered in the Harvard Law Review to this particular controversy. [read post]
21 Nov 2017, 10:07 am
United States and the positive law model": Will Baude has this post at "The Volokh Conspiracy. [read post]
14 Nov 2017, 7:44 am
"Supreme Court jurisdiction over the Court of Appeals for the Armed Forces": Will Baude has this interesting post at "The Volokh Conspiracy. [read post]
28 Sep 2017, 12:52 pm by Josh Blackman and Seth Barrett Tillman
(Matt McClain/ The Washington Post) The foreign emoluments clause provides that “no Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. [read post]